[Adopted 8-9-2005 by Ord. No. 2005-4]
Unless the context specifically and clearly indicates otherwise, the meaning of the terms used in this article shall be as follows:
- Northeastern York County Sewer Authority.
- INDUSTRIAL WASTE
- Any solid, liquid, or gaseous substance rejected or escaping in the course of any industrial, manufacturing, trade or business process or in the course of the development, recovery or processing of natural resources which is discharged into the sewer system as distinct from sanitary sewage.
- IMPROVED PROPERTY
- Any property within the Township upon which there is erected a structure intended for continuous or periodic use, habitation or occupancy by human beings or animals and from which structure sanitary sewage and/or industrial waste shall be or may be discharged.
- Any person vested with ownership, legal or equitable, sole or partial, of any property located within the Township.
- Any individual, partnership, company, association, society, corporation or other group or entity.
- SANITARY SEWAGE
- The type of toilet and other water-carried waste normally discharged from residential properties.
- Any pipe or conduit constituting a part of the sewer system used or usable for sewage collection purposes.
- SEWER SYSTEM
- All facilities, as of any particular time, for collecting, pumping, and disposing of sanitary sewage and industrial waste situated in the Township and owned and/or operated by the Authority.
- The Township of East Manchester, York County, Pennsylvania, or as the context may require, the Township Board of Supervisors (in connection with matters requiring action of the Board) or such officers or employees of the Township as are authorized to act for the Township.
Whenever the Authority constructs an extension of the sewer system, each and every owner of improved property adjoining or adjacent to or whose principal building within 150 feet from any collection sewer line of said sewer system shall, upon receipt of written notice ordering connection, be required to connect his or her premises with the sewer system within 60 days in accordance with the rules and regulations of the Authority currently in effect covering such connections.
When an existing sewer system owned by or leased to the Township or Authority is extended or altered at the expense of a developer or other private person or corporation under the supervision or direction of the Township or Authority, the Township or Authority may take over the extension or alteration and compel all owners of property which is not already connected to an existing public sanitary sewer system and which is accessible to and whose principal building is within 150 feet from the sewer system extension to make connection therewith and use the sewer system as the Township or Authority may order.
The Township shall not require any commercial or industrial business to connect to the sewer system when the commercial or industrial business is operating a private sanitary sewage treatment plant under mandate of any agency of the federal or state government. This exemption shall last as long as the private sanitary sewage treatment plant continues to meet the specifications and standards mandated by the federal or state agency and for 45 days after that. If, during the days immediately after the day a business' private sanitary sewage treatment plant is determined to be below federal or state mandates, repairs cannot be made to bring the private sewage treatment system back up to satisfactory condition, the Township may require the business to connect to the sewer system. The full costs of connection to and any necessary refurbishing of the sewer system shall be paid by the business.
This exemption is not available in any situation where the business seeking to use it had notice, actual or constructive, before construction of its sewage treatment plant of the intention to construct a public sanitary sewer system and to require that business to connect with the sewer system.
If any owner of improved property who is required to connect to the sewer system under § 179-41 above neglects or refuses to connect with said sewer system within 60 days of written notice to do so, the Township may make such connection. The Township may enter upon such property and construct such connection and, upon completion of the work, send an itemized bill of the cost of construction to the property owner which bill shall be payable forthwith. If the owner of said property shall fail to pay said bill, the Township may file a municipal lien for said construction costs within six months of the date of the completion of the construction of said connection.
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff or subsurface drainage into any sewer system.
No privy vault, cesspool, sinkhole, septic tank or similar receptacle at any time shall be connected to a sewer. No surface or subsurface drainage facility shall at any time be connected to a sewer.
If any owner of improved property causes or maintains any connection or discharge in violation of §§ 179-44 or 179-45 above for 10 days after written notice to disconnect or eliminate such connection or discharge, the Township may take such corrective actions as deemed necessary to remedy the violation. The Township may enter upon such property and disconnect or eliminate the unlawful connection or discharge and, upon completion of the work, send an itemized bill of the cost of construction to the property owner which bill shall be payable forthwith. If the owner of said property shall fail to pay said bill, the Township may file a municipal lien for said construction costs within six months of the date of the completion of the construction of said connection.
If any owner of improved property fails to comply with any provision of this article, such failure shall be and hereby is declared a violation of this article and the owner, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine or not more than $1,000 plus costs and reasonable attorneys' fees and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues shall constitute a separate offense.
The Township is hereby authorized to enter into intergovernmental cooperation, pursuant to a mandatory connection agreement with the Authority, to delegate enforcement of this article to the Authority pursuant to the terms and conditions contained in the agreement. A copy of that agreement is attached hereto, marked Exhibit A, and incorporated by reference. The Chairman of the Board of Supervisors and the Township Secretary are hereby authorized to execute the agreement on behalf of Township, and by so doing to bind the Township to the terms of the agreement.
Editor's Note: Exhibit A is available in the Township offices.